ATTORNEY FOR (Name): / FOR COURT USE ONLY
SUPERIOR COURT OF CALIFORNIA, COUNTY OF MADERA
Madera - 209 West Yosemite Avenue, Madera, CA 93637
Traffic – 209 West Yosemite Avenue, Madera, CA 93637
Sierra – 40601 Road 274, Bass Lake, CA 93604
PEOPLE OF THE STATE OF CALIFORNIA
VS.
Defendant:
PETITION FOR RELIEF UNDER PENAL CODE § 17 1203.4 1203.4(a) / Case Number:
Hearing Date:
Hearing Time:
Hearing Location:
Defendant’s Information:
CII #: ______
Driver’s Lic. #: ______
Date of Birth: ______
1. I am the Defendant Attorney for the defendant Probation Officer for the defendant in the above-entitled action.
2. On the date of / the defendant was convicted of the misdemeanor/felony offense of violation ofsection(s) (list all):
3. Petitioner declares:
The offense was a misdemeanor felony.
Felony offense (Pen. Code § 17):
The offense listed above is a felony that may be reduced to a misdemeanor under Penal Code section 17.
The defendant has fulfilled the conditions of probation for the entire period of probation or has been discharged prior to termination of the period of probation; that the defendant is not serving a sentence for any offense, on probation for any offense, or charged with the commission of any offense. (Penal Code §1203.4)
The defendant was not placed on probation; that more than one year has elapsed since the date of pronouncement of judgment; that the defendant has complied with the sentence of the court; that the defendant is not serving a sentence for any offense nor under charge of commission of any crime, and has since pronouncement of judgment lived an honest and upright life, and conformed to and obeyed the laws of the land. (Penal Code §1203.4(a))
4. Petitioner and defendant understand that the granting of this petition does NOT relieve the defendant of the obligation to disclose the conviction of disclose the conviction in response to any direct question contained in any questionnaire or application for public office, for licensure by any state or local agency, or for contracting with the California State Lottery, does NOT affect DMV actions or further consequences for crimes involving the operation of a motor vehicle, does not permit the defendant to own, possess or have in their custody or control any concealable firearm. The granting of this petition does NOT seal your record. The case, including the conviction will remain public record. The granting of this petition does NOT relieve the defendant of any obligation to register under Penal Code §290. The granting of this petition does NOT permit a person prohibited from holding public office as a result of that conviction to hold public office.
5. Petitioner and defendant request the conviction to be set aside, that a plea of not guilty be entered, and that the Court dismiss this action pursuant to the provisions of Penal Code §1203.4 §1203.4(a).
6. Petitioner requests that the felony charge be reduced to a misdemeanor under Penal Code section 17.
Case Name:People of the State of California vs.
Defendant: ______/ Case Number:
______
7. Petitioner and defendant have the right to have the Court determine the defendant’s ability to pay the reimbursement costs by personally submitting the Defendant’s Financial Statement pursuant to the standards set forth in Penal Code §987.8(g)(2). If reimbursement costs are submitted with this petition, defendant waives the right to the judicial determination of the ability to pay.
8. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:(Type or print name) (Signature of Petitioner)
PETITION FOR RELIEF UNDER PENAL CODE § 17, § 1203.4, § 1203.4(a)
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